Terms & Conditions
Updated: November 1, 2022
Terms
1. Welcome to ApoWiser.
The ApoWiser service (the “App” or “Service”), is owned and operated by Apowiser Ltd. (the “Company”). The App locates and provides information about Over-the-Counter medications and other complementary products (the “Product” or “Products”) found in the Company’s Product database, according to parameters and characteristics defined by the user, using technology developed by the Company, (the “Services”).
2. The use of the App is subject to the App Terms of Use and Privacy Policy (together, the “Terms”). These Terms govern your rights and obligations regarding the use of the App and the Services provided therein.
3. Please carefully read these Terms before using the App and the Services provided, as these Terms constitute a fully binding agreement between the Company and You. Any use of the of the App, including browsing, viewing content, registering the App or any action made through the App, signifies your assent and commitment to these Terms. You hereby declare that You are at least 18 years old. If You do not agree to these Terms, You must stop using the App and the Services provided therein.
4. The terms “medication”, and/or “Over-the-Countermedication” in these Terms, shall mean “Over-the-Counter medicinal product” as defined in the Pharmacists Ordinance [New Version], 1981.
5. For the purposes of these Terms, the term “User” or “You” means any user of the App, whether using the App himself or through another, including a person or a company or any entity operating an electronic component using the App on their behalf or for them. These Terms apply to the use of the App and the content within it, using any computer or other device (such as mobile phone, tablet, etc.), including the use of the App either through the Internet or any other network or media. In addition, these Terms apply to all content contained in the App, including any information of any kind, medical and/or pharmaceutical information (whether regarding a specific user, or general information), including computer code, Web pages, texts, data, software, and downloadable software applications, audio clips, videos, multimedia, articles, ratings, reviews, images, databases, forums, etc. (the “Content”).
6. For the avoidance of doubt, all information found on the App and/or any link and/or reference made through the App is for general information only (the “Information”) and should not be considered in any way as “medical advice” and/or “recommendation for medical and/or medicinal treatment and/or pharmacological/pharmaceutical advice”, and/or “substitute for medical and/or medicinal treatment” and is not intended to replace “medical advice or treatment”. The Information contained in the App is general and is based on an analysis of information and data related to the Products, which are included in the latest doctor’s and patient information leaflet, published by the Product’s manufacturer, and published in professional literature. The Information contained in the App is not intended for the specific needs and personal medical condition of each and every individual. Therefore, before using a Product and/or changing the Product and/or your treatment, You must seek professional medical and/or pharmaceutical advice or diagnosis, and in any case, before any use of the Product, carefully read the Patient Information Leaflet included in the Product’s package (the “Consumer Leaflet”) and/or other instructions displayed or published by the product manufacturer. For the avoidance of doubt, the Information provided in this App is not intended to substitute the need to read the Consumer Leaflet and/or the manufacturer instructions.
7. The Product database used by the App does not include all medications and/or products available on the market. Therefore, considering the parameters defined by the User during the search process, it is possible that some medications and/or products that may be suitable for the treatment of a particular medical condition, will not be shown in the App.
8. As a rule, Product/s are displayed randomly within the list of all relevant Products presented to You following your inquiry. Product/s or dosage form/s which are not available on the third-party vendor/website inventory list or on the market will not be displayed. The Company reserves the right to change the position of the displayed product to the User according to its discretion. To avoid any doubt, the specific position of a Product within the list of all relevant Products, presented to the User, following their inquiry, may be affected by the promotion of such relevant Product/s which does not mean that such Product/s has any advantage over any of the other Product/s in the list. To the extent such promotion is done, an icon will appear next to any such promoted product/s.
9. The App is not intended for medical emergencies. In case of a medical emergency, You should consult your doctor and/or emergency medical services. The Company shall not be responsible for any damage, direct or indirect, caused because of relying on the Information or Content provided in the App, including in forums and links to other sites and/or any other internal and/or external sources of information.
10. The use and reliance upon any Content provided by the App is on your sole responsibility. The Content in this App is presented “as is” and the Company shall not be responsible for any decision or action taken by You because of relying on this Content.
11. The Company retains the exclusive right to block your access and/or discontinue your use of the App and Services provided therein, in case You have violated the provisions of these Terms and/or made improper use of the App or any Content within it, all at the Company’s sole and absolute discretion.
12. The Company retains the exclusive right to revise, update or discontinue the App activity and Services provided without any prior notice.
For the avoidance of doubt, differences may occur when using App adaptations for tablets or mobile phones or using the App on desktops and/or laptops.
Terms of Use
Use of the App
13. The use of the App is for private and personal purposes only. Any commercial or public use of the App or any portion thereof is strictly prohibited. This prohibition applies to the use of any technological means for any non-personal or commercial purposes.
14. You may not, whether yourself or through any other means or person, copy, publicly display, use or allow others to use, in any other way, the Content provided in the App, including websites, applications, electronic publications, print publications, etc., for any non-personal purposes, whether commercial or non-commercial.
15. When using the App, You agree that You will not use any application or other means including robots, crawlers, spiders etc. (the “Robots”) for the purpose of searching, scanning, copying or automatically retrieving Content from the App, and You agree that You will not create or use such means in order to create a compilation or collection or repository that will contain Content provided by the App.
16. You shall not display any Content from the App in any way, including through any software, device, accessory or communication protocol, which changes the design or removes any content or information from the Content in the App, particularly advertisements and commercial content.
Intellectual Property
17. All copyrights and intellectual property rights in relation to the App, Services provided, and the Content contained therein are owned solely by the Company, or by third parties who have granted the Company a license to use them. You may not copy, distribute, publicly display, publicly perform, transmit to the public, modify, process, create derivative works, sell or rent any part of the foregoing, whether by You or through or in collaboration with a third party, by any way or means, whether electronic, mechanic, optic, photographic, recording means etc., without prior written consent of the Company or other right holders , as the case may be, and subject to the terms of the consent (in case granted).
External Information and Links to other Sites
18. The App includes Content, links and/or references to websites of other businesses and/or sources of information and/or organizations and/or companies (the “Links”). The mere presence of a specific Link in the App does not indicate that the content of the linked website is reliable, complete or up-to-date, and the Company shall not be responsible for the content of such websites, or any information published on them.
19. The mere presence of Links in the App does not constitute a recommendation or encouragement to follow them or to purchase the services and/or products offered in them and following these linked websites will be at the User’s sole and independent discretion, subject to the terms of use of those websites. Any contact made between You and third parties to whom the Links lead, will be your sole responsibility, and the Company shall not be responsible for any direct or indirect damage, financial or otherwise, caused to You because of relying on the content provided in the Links and/or as a result or purchasing the products and/or services provided therein.
User Content and Comments
20. The App allows Users to rank Products on the App anonymously (the “Rankings”) and presents users the average rankings which were given to every product, if there are any.
21. The Company shall not be responsible for the accuracy, reliability and quality of the Rankings provided by Users. The Company shall not be liable for any direct or indirect damages, financial or otherwise, that may result from relying on such Rankings.
22. You hereby agree and declare that You do not have and shall not have any claim against the Company in relation to User Rankings.
Limited Warranty
23. The Company is not a manufacturer and/or importer of the Products presented in the App and shall not be responsible for the quality and features of the Products. The sole responsibility for the quality of the Products applies to the manufacturer and/or importer in accordance with their legal obligations.
24. The Company shall not be responsible for any damage (including personal injury damages), and/or out-of-pocket damages (hereinafter: “Damages of any kind”) caused to You and/or any third party as a result of purchasing the Products offered in the App, and/or as a result of your inability to purchase, and/or to make an order and/or to cancel an order of the Products, caused as a result of your actions and/or negligence and/or any third party negligence, including a purchase made by a minor or an illegally incompetent individual without the consent of his parents or legal guardian, and/or any damaging action performed in the App by any third party, etc.
25. The Company shall not be liable in relation to the App, for any Damage of any kind that may be caused to You and/or any third party, because of an act and/or omission beyond its control, including but not limited to force majeure, such as war, earthquake, extreme weather and/or disruptions caused by the Coronavirus pandemic.
26. The Company shall not be responsible for any problems caused as a result of using the App, including malfunctions in the operating system and/or any software found in the electronic device from which the App was entered, and/or any hardware problems and/or viruses and/or hostile software or any software detected or found on the device as a result of using the App, and/or any communication or data transfer problems that may temporarily or permanently prevent the use of the App and/or effect the quality or performance of the App.
27. The Information found in the App may contain errors and/or inaccuracies, despite the Company’s efforts to verify the quality, reliability, and accuracy, and to update the Information and Content found in the App. Nevertheless, the Company shall not be liable for any damage that may be caused due to the existence of these errors.
Breach and Indemnification
28. Without derogating from these Terms or provisions of any law, You hereby undertake to indemnify and compensate the Company, its employees, executives or anyone on its behalf, in case of your violations of these Terms, in whole or in part, or violation of any law. Such indemnification shall cover any expense, payment, loss of profit or any other damage, direct or indirect, financial or non-financial, that may be caused to the Company, its employees, executives, or anyone on its behalf, including legal expenses and attorney’s fees.
Law and Jurisdiction
29. These Terms shall be governed solely by the Israeli law. The exclusive and unique jurisdiction in relation to any claim or matter concerning these Terms, or arising therefrom, is vested in the competent court in the Tel-Aviv district, Israel.
